1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C around February 22, 2011, completed the registration of ownership transfer on the instant real estate on the grounds of sale and purchase on February 11, 2011, and the said certified copy of the register is written in KRW 185,00,000.

B. C obtained a loan of KRW 125,00,000 from the Plaintiff as security, and completed the registration of creation of a mortgage over KRW 162,50,000 with respect to the instant real estate (hereinafter “mortgage”).

C. After May 2013, the Plaintiff filed an application for the commencement of voluntary auction on the instant real estate as a mortgagee on the ground that C delayed the payment of interest on the said loan, and accordingly, the auction procedure began on August 8, 2013 upon the Plaintiff’s application.

(hereinafter “instant auction procedure”). D.

On October 21, 2013, the Defendant entered into a lease agreement with C on May 12, 2013, setting the lease deposit amount of KRW 26,00,000,00 with respect to the instant real estate, from June 12, 2013 to June 11, 2015 (hereinafter “instant lease agreement”), and filed a move-in report on May 23, 2013, and filed an application for report on the right and demand for distribution with the auction court.

E. In the instant auction procedure, on April 22, 2014, the Defendant, who demanded a distribution on April 22, 2014, distributed KRW 22,00,000 in the first order as a lessee of small claims, and as a applicant creditor, a distribution schedule was formulated, which distributes each of the KRW 83,609,169 in the order of priority to the Plaintiff, who is a mortgagee, as the applicant creditor (hereinafter “instant distribution schedule”).

F. Accordingly, on the date of distribution, the Plaintiff stated an objection to the total amount of dividends to the Defendant, and filed the instant lawsuit on April 28, 2014, which was within one week thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 and 10, and pleadings.